liberal criminal theory essays for andreas von hirsch

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Liberal Criminal Theory

Author : A P Simester
ISBN : 9781782254553
Genre : Law
File Size : 59. 40 MB
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This book celebrates Andreas (Andrew) von Hirsch's pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focused. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch's scholarly life.

Incivilities

Author : A P Simester
ISBN : 9781847312839
Genre : Law
File Size : 85. 93 MB
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Prohibitions against offensive conduct have existed for many years, but their extent and use was on the decline. Recently, however, several jurisdictions, including England and Wales, have moved to broaden the reach and severity of measures against incivilities. New measures include expanded targeting of unpopular forms of public conduct, such as begging, and legislation authorising magistrates to issue prohibitory orders against anti-social behaviour. Because these quality-of-life prohibitions can be so restrictive of personal liberties, it is essential to develop adequate guiding and limiting principles concerning State intervention in this area. This book addresses the legal regulation of offensive behaviour. Topics include: the nature of offensiveness; the grounds and permissible scope of criminal prohibitions against offensive behaviour; the legitimacy of civil orders against incivilities; and identifying the social trends that have generated current political interest in preventing incivilities through intervention of law. These questions are addressed by eleven distinguished philosophers, criminal law theorists, criminologists, and sociologists. In an area that has attracted much public comment but little theoretical analysis to date, these essays develop a fuller conceptual framework for debating questions about the legal regulation of offensive behaviour.

Deserved Criminal Sentences

Author : Andreas von Hirsch
ISBN : 9781509902675
Genre : Law
File Size : 54. 99 MB
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This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.

Classical Liberalism And The Austrian School

Author :
ISBN : 9781610165549
Genre : Austrian school of economics
File Size : 55. 81 MB
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Criminal Law And The Authority Of The State

Author : Antje du Bois-Pedain
ISBN : 9781509905157
Genre : Law
File Size : 87. 72 MB
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How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.

Crime Punishment And Responsibility

Author : Rowan Cruft
ISBN : 9780199592814
Genre : Law
File Size : 58. 8 MB
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For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory. Some of the essays concentrate on the topic of criminalization. That is, they examine what forms of conduct (including attempts, offensiveness, and negligence) can aptly qualify as criminal offences, and what principled limits, if any, should be placed on the reach of the criminal law. Several of the other essays assess the thesis that punishment is justifiable as a form of communication between offenders and their community. Those essays examine the presuppositions (about the nature and function of community, and about the moral structure of atonement) that must be embraced if communication is to be a primary role for punishment. The remaining essays examine the nature and limits of responsibility in the law, as they engage with philosophical debates over 'moral luck' by investigating the ways in which the law can legitimately hold people responsible for events that were not within their control. These chapters tie the first and third parts of the book together, as they explore the relationship between the principles that determine a person's responsibility and the principles that determine which types of actions can appropriately be criminalized. Finally, Duff responds with comments that seek to defend and clarify his views while also acknowledging the correctness of some of the critics' objections.

Simester And Sullivan S Criminal Law

Author : A P Simester
ISBN : 9781509912032
Genre : Law
File Size : 24. 65 MB
Format : PDF
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This is the new edition of the leading textbook on criminal law by Professors Simester and Sullivan, now co-written with Professors Spencer, Stark, and Virgo. Simester and Sullivan's Criminal Law is an outstanding account of modern English criminal law, combining detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law and it has become the set text in many leading universities. Additionally, the book is used as an important point of reference in academic writing and postgraduate research in England and abroad. Simester and Sullivan's Criminal Law has been cited by appellate courts throughout the world. The sixth edition is comprehensively updated throughout to set out and analyse all key development in the field with the work's trademark clarity and critical rigour. Review of the Fifth Edition 'undoubtedly a first-rate companion for any undergraduate or post-graduate law course. Since attaining international recognition and citation in appellate courts worldwide, the security of the text's position as a point of academic reference remains as steadfast as ever.' John Taggart BL, Criminal Law Review.

Regulation And Social Control Of Incivilities

Author : Nina Persak
ISBN : 9781317360230
Genre : Social Science
File Size : 50. 22 MB
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The increasing trend and prevalence of incivilities-targeting punitive regulatory measures across Europe raises important issues regarding the legitimacy, effectiveness and impact of such formal social control. Regulation and Social Control of Incivilities addresses the pertinent issues of current punitive regulation and the social control of incivilities, their trends, criminological explanations, political, spatial, cultural, representational and policing dimensions as well as the underlying behaviour it targets. Part I explores issues surrounding the regulation of incivilities, drawing examples from several European countries including Spain, Italy, Great Britain, Belgium, Slovenia and Hungary. It inspects the legal form and content of the prohibition of incivilities and the social factors that can help explain it, as well as the effectiveness and societal impact of various anti-nuisance measures. Part II focuses on social control and the representation of incivilities, including the construction and control of public nuisance in Belgium, the spatial and cultural aspects of incivilities and of law enforcement against them, the media representations of incivilities in the British and Flemish press, and the intersections between migration and control of incivilities when policing in the Netherlands. This book brings together international scholars to examine the ways in which understudied European countries approach the issue of anti-social behaviour. This multidisciplinary text will be of interest to students, scholars and policymakers concerned with issues of social control, incivilities and criminalisation.

Legitimacy And Trust In Criminal Law Policy And Justice

Author : Nina Peršak
ISBN : 9781317105855
Genre : Law
File Size : 22. 7 MB
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Whereas previous studies of legitimacy and trust have mostly dealt with procedural justice and the police, this book focuses on other crucial understudied aspects of legitimacy within criminal law, policy and criminal justice. The chapters expand and develop current criminological, legal and socio-legal research by addressing conceptions of legitimacy linked to criminal law norms, criminalisation and sanctioning; by examining EU legal and policy aspects of the phenomenon; and by exploring some specific court-related issues of legitimacy and trust, hitherto neglected. With contributions from across the EU, this interdisciplinary collection presents a valuable discussion on the importance of trust in legal institutions of modern democracies and suggests ideas for future research in this area to challenge ways of thinking about legitimacy.

Made Men

Author : Antonio Nicaso
ISBN : 9781442222274
Genre : Social Science
File Size : 38. 67 MB
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The novel The Godfather (1969) and the movie of the same name (1972) entrenched the myth of the Mafiosi as valiant knights, men of honor, and defenders of the traditional concept of family. As a result of this movie and other popular portrayals, the image of mobsters as “men of honor and tradition” has become iconic throughout America. Yet the truth of the matter belies this more noble image. The Mafia is a ruthless organization. Their concept of family is a twisted one. But viewed through the lens of popular culture, it is often difficult to separate the fiction from the reality. Made Men demystifies this image by dismantling the code of honor that Mafiosi live by, including its attendant symbols, rituals, and the lifestyle that it demands. Since the end of World War II, the Mafia in Italy and America has undergone major changes, which are charted by the authors through the present day. Nicaso and Danesi also consider all kinds of related organizations, not only the Italian ones, including the Yakuza, the Triads, and the Russian Mafia. The authors look at organized criminal culture in general, attempting to explain why its symbols, rituals, and practices continue to draw people in, both as literal members, or as consumers of the pop culture that glorifies them. This story traces and decodes the origins, history and success of the mafia in the U.S., bringing a better, and more accurate understanding of this ultimately brutal, violent, and corrupting “family business.” It is a story that has rarely been told in this way, but which is believed, nonetheless, important to tell.

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